Terms of Service for AlgoFly AI Technologies Pvt Ltd.

Effective Date: January 01, 2024

Introduction

Welcome to AlgoFly! These Terms of Service ("Terms") are a binding legal agreement between you ("Customer," "you," or "your") and AlgoFly AI Technologies Pvt Ltd. and its affiliates ("AlgoFly," "we," "us," or "our"). These Terms govern your access to and use of our websites, platforms (the "Platform"), and the various products, services, and features we offer, including our generative AI tools (collectively, the "Services").

By accessing our website, creating an account, or using any of our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority or do not agree with these Terms, you must not accept this Agreement and may not use the Services.

We may update these Terms from time to time. We will notify you of any significant changes, and your continued use of the Services after such changes constitutes your acceptance of the new Terms. The most current version will always be available on this page.

1. Account Registration and Security

To access most features of our Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account.

You must notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. AlgoFly is not liable for any loss or damage arising from your failure to protect your account information. You may be held liable for losses incurred by AlgoFly or any other user of the Services due to someone else using your account.

We reserve the right to suspend or terminate accounts that are inactive for over 120 days or that are in violation of these Terms. We will provide you with prior notice of such actions.

2. Customer Content and Data

You retain all ownership rights to the data, text, images, and other materials you provide or generate while using the Services ("Customer Content"). By using the Services, you grant AlgoFly a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process Customer Content solely for the purpose of operating, providing, and improving the Services.

We will handle your data in accordance with our Privacy Policy. You are solely responsible for your Customer Content. You represent and warrant that you have all necessary rights to your content and that its use by us in connection with the Services will not violate any applicable laws or infringe on any third-party rights.

3. Use of Services

• Generative AI Services: Our Platform includes features that use artificial intelligence and machine learning ("AI Services") to generate text, data, and other output ("Output") based on your input ("Prompts").
• Accuracy Disclaimer: Given the probabilistic nature of AI, the Output may contain inaccuracies or errors. It may not reflect real facts, people, or places. You should not rely on the factual accuracy of any Output from our AI Services without independent verification. You are responsible for evaluating the appropriateness and accuracy of the Output for your use case, which may include human review.
• Responsibility: You are solely responsible for the Prompts you provide and the actions you take based on the Output. You agree to use the AI Services at your own risk and in compliance with all applicable laws.

4. Restrictions on Use

Your right to use the Services is conditional upon your compliance with these Terms. You shall not, and shall not permit any third party to:

• Use the Services for any illegal, fraudulent, or harmful purpose.
• Reverse engineer, decompile, or otherwise attempt to discover the source code of the Platform or Services.
• Use any automated means (e.g., spiders, bots) to access the Services in a way that could damage, disable, or overburden our systems.
• Distribute spam, viruses, or other malicious software through the Platform.
• Violate the privacy or intellectual property rights of others.
• Post or transmit any content that is defamatory, obscene, or offensive.
• Impersonate any person or entity or misrepresent your affiliation with them.

We reserve the right to investigate any violations and may cooperate with law enforcement authorities to prosecute users who violate the law.

5. Privacy and Data Protection

Our Privacy Policy, which is incorporated by reference into these Terms, details how we collect, use, and protect your personal information. By using our Services, you agree to the terms of our Privacy Policy. You are responsible for ensuring that you have obtained all necessary consents from your end-users for their data to be processed by AlgoFly. We act as a "Data Processor" for the personal data you provide, and you are the "Data Controller."

6. Confidentiality

Both parties agree not to disclose the other's Confidential Information, which includes any non-public technical, business, or financial information. This obligation will not apply to information that is publicly known, already in the receiving party's possession, or independently developed.

7. Fees, Payment, and Subscription

The Services are provided on a subscription basis for a term specified in your order ("Subscription Term"). Fees for the Services ("Service Fees") are set forth in the applicable order form. Unless stated otherwise, all fees are non-refundable. Subscriptions will automatically renew for additional periods equal to the expiring term unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant Subscription Term.

8. Term and Termination

You may stop using our Services and cancel your account at any time. We reserve the right to suspend or terminate your access to the Services at our discretion, without notice, if you violate these Terms. Upon termination, your right to use the Services will immediately cease. You will remain liable for any unpaid fees up to the termination date. We will provide you with an opportunity to export your Customer Content within 30 days of termination, after which we may delete it in accordance with our data retention policies.

9. Warranty Disclaimer

The services are provided "as is" and "as available," without any warranties of any kind, either express or implied. AlgoFly disclaims all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or completely secure.

10. Limitation of Liability

To the fullest extent permitted by law, in no event will AlgoFly, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the services. Our aggregate liability for all claims relating to the services shall not exceed the total amount of fees paid by you to AlgoFly for the services in the three (3) months immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless AlgoFly and its affiliates from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your use of the Services or your violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising out of them shall be governed by the laws of India. The courts of New Delhi, India, shall have exclusive jurisdiction to entertain any dispute. Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in New Delhi, India, and the language of the arbitration shall be English.

13. General Provisions

• Entire Agreement: These Terms, along with our Privacy Policy and any order forms, constitute the entire agreement between you and AlgoFly.
• Assignment: You may not assign your rights under these Terms without our prior written consent. AlgoFly may assign its rights and obligations without restriction.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Contact Information: For any questions about these Terms, please contact us at [email protected].